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<br />DISTRICT COURT, WATER DIVISION 6, STATE OF COLORADO <br /> <br />Case No. 95CWl63 <br /> <br />STIPULATION AND AGREEMENT <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF COLORADO DIVISION OF <br />PARKS AND OUTDOOR RECREATION, <br />IN ROUTT COUNTY. <br /> <br />The Applicant, Colorado Division of Parks and Outdoor Recreation ("Parks"), and <br />Objector, Tri-State Generation and Transmission Association, Inc., ("Tri-State"), hereby stipulate <br />and agree as follows: <br /> <br />1. Tri-State consents to the entry of a decree approving the change of water right <br />application in Case No. 95CW163, subject to the provisions of this Stipulation and Agreement. <br /> <br />2. Except when the outlet works must be closed due to an emergency or the necessity <br />of perfonning repairs to the dam and outlet works, Parks shall not store water in Steamboat Lake <br />pursuant to the 7300 acre-feet storage water right decreed in Case No. 95CW163 when flows in the <br />Yampa River at the U.S.G.S. Gage near Craig ("Craig gage") are less than the following flows, or <br />would be reduced below the following flows due to such storage: <br /> <br />August <br />September <br />October <br /> <br />150 cfs <br />11 0 cfs <br />115 cfs <br /> <br />Tri-State shall provide notice to the Manager of Steamboat Lake State Park when <br />flows in the Yampa River at the Craig gage are less than the foregoing flows. If such notification is <br />made by telephone, written confirmation by either letter or te1efax shall be made within seven days. <br />When flows in the Yampa River at the Craig gage once again equal or exceed the foregoing flows, <br />Tri-State shall notify the Park Manager within 24 hours. <br /> <br />Provided that if the Water Management Plan between Tri-State and the U.S. Fish <br />and Wildlife Service, dated April 17, 1992, terminates for any reason, then beginning on November <br />1 of the following water year (November 1 through October 31) Parks may store in-priority at <br />Steamboat Lake free of the foregoing storage limitation. <br />